(a) Establishment. Any place
or premises, whether public or private, where any person conducting any
enterprise, occupation, vocation or business, whether or not for profit and
whether temporarily or permanently located.

(b) Food. Every
substance intended for human consumption, whether in solid or liquid form,
excluding any substance the sale of which is regulated by the Pennsylvania
Liquor Control Board.

(c) Restaurant. Any establishment where
food is handled or sold, provided that said establishment is located in a
permanent structure.

(d) Sidewalk Cafe. An open-air space on the
public sidewalk directly abutting, adjacent and contiguous to a restaurant or
any premises licensed by the Pennsylvania Liquor Control Board, pursuant to
regulations (40 Pa. Code Chapter 7, Subchapter B, Section 7.21) of the Board, to
conduct business on the above-mentioned premises, where food is served at tables
and
chairs.[353.1]

(2) Location.
Notwithstanding any provision of Section 9-205, a sidewalk cafe may be
maintained (i) within the area bounded by the Delaware River, the south
houseline of South street, the center line of Third street, the south houseline
of Bainbridge street, the Schuylkill River and the north houseline of Fairmount
avenue; (ii) on Broad street, between Bainbridge street and the north houseline
of Washington avenue; (iii) within the area bounded by the south side of Shurs
lane to the north side of Green lane and the east side of Cresson street to the
Schuylkill River; and on East Passyunk avenue, both sides, between Broad street
and Federal street, provided that the conditions of this section are complied
with.[354]

(3) License,
Indemnification and Other
Conditions.[354] No person
shall erect, construct or maintain a sidewalk cafe, either where permitted by
subsection (2) or where permitted pursuant to special ordinance, unless he has
obtained a sidewalk cafe license from the Department of Licenses and
Inspections. No license shall be issued unless:

(a) Such person submits
the materials required pursuant to subsection (4) to the Department and the
Department determines that the location at which the sidewalk cafe is proposed
is a permitted location, either pursuant to this Section or pursuant to special
ordinance, and determines that the restaurant to which the proposed sidewalk
cafe is accessory has all other necessary licenses and permits;

(b) The Department of Streets has determined, and advises the
Department of Licenses and Inspections, that the proposed cafe meets the
placement requirements of subsection (6);

(c) The licensee agrees in
writing, in a form satisfactory to the City Solicitor, to remove the sidewalk
cafe after written notice has been given by the Department of Licenses and
Inspections that either:

(.1) the Department of Streets has determined
that the sidewalk cafe no longer meets the placement requirements of subsection
(6); the sidewalk cafe must be removed to accommodate a municipal or municipally
sponsored public project; or the Streets Department has granted a temporary
permit to close the sidewalk; or

(.2) the Department of Licenses and
Inspections has determined that the sidewalk cafe is no longer being used as
such; the restaurant to which the cafe is accessory has been temporarily or
permanently closed for violation of any City, state or federal law and/or
regulation; or the sidewalk cafe is being operated in violation of any
ordinance, rule or regulation of the City of Philadelphia;

(d) The
licensee agrees in writing in form satisfactory to the City Solicitor to
indemnify and hold harmless the City, its officers, employees and agents from
and against any and all loss resulting from injury to, or death to persons or
damage to property arising out of, resulting from, or in any manner caused by
the presence, location, use, operation, installation, maintenance, replacement
or removal of, such sidewalk cafe, or by the acts or omissions of the employees
or agents of the licensee in connection with such cafe. The licensee shall also
agree to release the City from any and all claims relating to its sidewalk cafe,
including, but not limited to, loss of business and/or value of the sidewalk
cafe when it is ordered removed or when street, sidewalk or utility construction
occurs;

(e) The licensee agrees in writing in form satisfactory to the
City Solicitor to obtain and maintain in full force and effect, at the
licensee’s own expense, an insurance policy naming the City of
Philadelphia as an additional insured. The policy shall afford comprehensive
general liability insurance including contractual liability insurance covering
the licensee’s indemnification and hold harmless obligations under
subsection (d) above and shall provide that the Law Department be notified upon
the expiration of coverage in the event the policy is cancelled or the applicant
fails to renew the cafe license. Within ten (10) days of the approval of the
sidewalk cafe license application, and each year thereafter, the licensee shall
submit a certificate of insurance in accordance with the agreement and maintain
a copy on the premises for review;

(f) The licensee obtains a bond with
corporate surety in amount approved by the Streets Department and in form
satisfactory to the Law Department to cover indemnification of the City for the
cost of removal of any part of the sidewalk cafe, restoration of the public
right-of-way, and all incidental costs; and

(g) The licensee pays an
annual fee of $160. Such fee shall be in addition to any fees for other permits
and licenses necessary for the operation of the restaurant to which the sidewalk
cafe is accessory. All sidewalk cafe licenses shall be issued for a one-year
period established by the Department of Licenses and Inspections.

(a) Applications
for sidewalk cafe licenses shall be made on forms provided by the Department of
Licenses and Inspections. Applicants must submit the following with the
application:

(.1) The name of the applicant, the relationship of the
applicant to the restaurant to which the cafe is accessory (owner, manager,
etc.) and the street address of the property where the sidewalk cafe is
proposed. If the applicant is other than the owner of the building abutting the
location of the proposed sidewalk cafe, the applicant must provide written
authorization from the property owner stating that the property owner has no
objection to the sidewalk cafe;

(.2) Four copies of a plan drawn to
minimum scale of ¼" = 1' showing:

(.a) Dimensions of the
proposed sidewalk cafe boundaries, including the building line of the existing
building;

(.b) Existing sidewalk widths;

(.c) The location
of all transit stops within fifteen (15) feet of the property line and its
abutting sidewalk; and

(a) Within
five (5) days of the filing of an initial application for a sidewalk cafe
license, the applicant shall give public notice of the application by posting at
a conspicuous location in the front window or on the front door of the
restaurant to which the sidewalk cafe will be accessory a form approved by the
Streets Department. The applicant is responsible for assuring that such notice
is posted continuously for a minimum of ten (10) consecutive days, and no
license shall issue prior to the completion of at least ten (10) days of public
notice.

(b) On streets with
a confirmed sidewalk width of thirteen (13) feet or less, at least five (5) feet
of clear sidewalk space shall be maintained at all times to provide pedestrian
access. On streets with a confirmed sidewalk width of more than thirteen (13)
feet, at least one-half the confirmed sidewalk width shall be maintained at all
times to provide pedestrian access.

(c) The clear sidewalk space shall
be measured from the curb line, or, if closer to the sidewalk cafe, from the
nearest obstruction on a line parallel to the curb line, to the outside edge of
any chair, table or collapsible railing as shown on the plans approved by the
Department of Streets. For the purpose of determining clear sidewalk space,
trees, steps, street light poles, sign poles, fire hydrants, parking meters, or
other objects located on the sidewalk surface shall be considered as
obstructions.

(d) Ventilation grates cannot be covered and cannot be
included as clear sidewalk space.

(e) The licensee shall be responsible
for keeping all visitors, patrons, employees, and cafe fixtures, including,
without limitation, tables, chairs, and heaters, from occupying or encroaching
into the required clear sidewalk space.

(f) Sidewalk cafes located at
street intersections shall provide corner clearance by providing a ten (10) foot
clear space from the point of tangency of the curb line.

(g) No part of
the sidewalk cafe shall be within fifteen (15) feet of a transit
stop.

(h) The sidewalk cafe shall be at the same elevation as the
existing sidewalk surface.

(i) The required clear egress space shall be
maintained between the exit door(s) of the structure and the clear sidewalk
space.

(j) The placement or maintenance of a sidewalk cafe shall not
impede or endanger pedestrian travel, or obstruct or interfere with the
installation or maintenance of underground utilities.

(k) Collapsible
or removable handrails shall only be permitted where the ground receptacle can
be capped. The anchors for such handrails cannot exceed a depth below grade of
the sidewalk of four (4) inches. The collapsible or removable handrails shall be
removed during periods of the year when the sidewalk cafe is not in use. The
Department of Streets may require an applicant to maintain removable or
collapsible handrails or guards when it determines handrails or guards are
necessary to prevent encroachment into the clear sidewalk area that is required
pursuant to this Section.

(l) Provided that the clear sidewalk space
is maintained as otherwise required in this subsection, an applicant may also
occupy an area adjacent to the curb line after 7:00 p.m., provided that the
following conditions are met:

(.1) the cafe must be located adjacent
to a traffic lane regulated for use only for parking and/or loading (i.e. the
lane cannot be a traffic lane after 7:00 p.m.);

(.2) only movable
tables and/or chairs shall be permitted and must be placed at least one and
one-half feet (1' 6") from the curb line;

(.3) chairs must be placed in positions parallel to the curb line; and

(.4) the minimum clear sidewalk space required pursuant to this
subsection must be maintained at all times except employees of the licensee are
permitted to serve tables at the curb lines of cafes in compliance with other
provisions of this subsection.

(a) Licensee
shall maintain the sidewalk café in accordance with all City, state and
federal laws, as well as any rules and regulations which pertain to the use of
the sidewalk café including, but not limited to, any and all City Code
rules and regulations as may be required by the Department of Fire, Police,
Health, Streets and Licenses and Inspections.

(b) All food served from
sidewalk cafés in the following locations shall be served on
non-disposable containers, and no sidewalk café shall be maintained in
the following locations unless such café is directly abutting a
restaurant where more than twenty-five percent (25%) of the interior gross floor
area is used for seating:

(.1) Chestnut street from Broad street to
Eighteenth street; and

(.2) Walnut street from Broad street to
Eighteenth street.

(c) The issuance of a license pursuant to this
Section does not permit any conduct otherwise prohibited by this Code, including
otherwise prohibited outdoor cooking and outdoor storage of flammable materials.
[357.1]

(d) A license
granted pursuant to this Section does not create any vested property right in
the sidewalk area to which the license
applies.[357.2]

(a) Any
officer authorized to enforce this Code shall, upon making a determination that
the owner or operator of a sidewalk cafe is in violation of this Section or a
sidewalk cafe license, provide the owner or operator a violation notice.

(b) Such notice shall specify whether the placement of the sidewalk
cafe must be modified to come into compliance with this Section or whether the
sidewalk cafe must be entirely removed and shall provide a time in which
compliance is required.

(c) If the owner or operator fails to comply
as directed in the notice, the City may institute court proceedings either for
collection of penalties as provided in this Section or seeking a court order to
force compliance or both.

(d) If the owner or operator of the
restaurant fails to comply as directed in the notice, or fails to comply with
his or her written agreements under subsection (4), the Department of Licenses
and Inspections is authorized to abate the violation, including by removing
furniture or other property from the sidewalk, by itself or by contract, and
restoring the sidewalk to its original condition. The Department of Licenses
and Inspections shall be further authorized to charge the costs of such removal
and restoration, including administrative costs, to the violator and the Law
Department may take action to collect such costs by lien or any other method. If
removed property is not claimed in writing within thirty (30) days, the City is
authorized to dispose of said
property.

(e) Penalties.[357]
The penalty for violation of this Section or any condition of a license or of a
regulation issued pursuant to this Section shall be a fine not exceeding three
hundred (300) dollars per day.

(f) Repeat
Offenders.[358] Any person who
commits, on more than one occasion, a violation of this Section or any condition
of a license or of a regulation issued pursuant to this Section, shall be guilty
of a separate offense of Repeat Violation, and for each such Repeat Violation,
shall be subject to a fine of not more than three hundred (300) dollars, or
imprisonment for not more than ninety (90) days, or both. A person shall be
guilty of a Repeat Violation regardless whether the second or subsequent
violation occurs before or after a judicial finding of a first or previous
violation. Each violation, after the first, shall constitute a separate Repeat
Violation offense.

(9) The Department of Streets and the Department of
Licenses and Inspections may issue whatever rules or regulations they deem
necessary or desirable to effectuate the purposes of this section. With respect
to rules or regulations as to the extent of encroachments upon and obstructions
of the streets, for the protection or facilitation of pedestrian traffic, such
rules or regulations shall not permit encroachments upon or obstructions of the
streets greater than those specified in Title 11 of The Philadelphia
Code.[359.1]

(10) Special
Provisions for Existing Sidewalk Cafes and Pending Sidewalk Cafe
Applicants.[359.2] The
following special provisions shall apply only within the First and Fourth
Councilmanic Districts:

(a) Any sidewalk cafe operating under the
provisions of a license granted before the date Bill No. 030254 became law may
continue to operate under the provisions of that license for the remaining term
of that license. Renewal of licenses for such sidewalk cafes will be governed by
the provisions of this Section as amended by Bill No. 030254, except that no
such sidewalk cafe shall be denied renewal because it fails to meet the "clear
sidewalk space" requirements of subsection (6). Any such sidewalk cafe that does
not meet the "clear sidewalk space" requirement must continue to operate in
accordance with the plan submitted when the sidewalk cafe was licensed prior to
the date Bill No. 030254 became law, and if such a sidewalk cafe wishes to
operate in accordance with a different plan, such plan must be approved in
accordance with all provisions of this Section, including the "clear sidewalk
space" requirements of subsection (6).

(b) If a special ordinance
authorizing a sidewalk cafe was passed by Council before the date Bill No.
030254 became law, but a license had not yet been issued for such sidewalk cafe
as of such date, such sidewalk cafe shall be licensed under the provisions of
this Section as it existed prior to the amendments set forth in Bill No. 030254.
Once such license is issued, the provisions of subsection 10(a) shall apply to
such sidewalk cafe.